Scott Daniel Johnson

Scott Daniel Johnson

Akin Gump Strauss Hauer & Feld LLP

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FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

10/20/2014 - Electricity FERC Return on Equity Transmission Grid Utilities Sector

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

9/15/2014 - Appeals Capacity Market Electric Generation Suppliers Electricity Energy Policy Federal Power Act FERC

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more

8/22/2014 - DOE Energy Federal Power Act Transmission Grid Transmission Lines Utilities Sector

FERC Accepts CAISO’s Proposed Generator Interconnection Process Enhancements To Facilitate Project Downsizing

On July 31, 2014, the Federal Energy Regulatory Commission (FERC) accepted amendments to the California Independent System Operator Corporation (CAISO) tariff designed to improve the efficiency and flexibility of the CAISO’s...more

8/8/2014 - CAISO Electricity Energy Projects FERC Interconnections New Amendments Renewable Energy Tariffs Utilities Sector

FERC Issues Notice of Alleged PJM Market Manipulation to Alan Chen and Powhatan Energy Fund, LLC

On August 5, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

8/7/2014 - Electricity Enforcement Enforcement Actions FERC Market Manipulation Utilities Sector

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

7/11/2014 - Energy Enforcement Actions FERC Market Manipulation Natural Gas Oil & Gas

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

6/30/2014 - Appeals Cost Allocation Energy Energy Market FERC PJM Transmission Grid Utilities Sector

FERC Announces New Approach for Determining the Return on Equity for Electric Utilities

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531, an order affirming in part and reversing in part an administrative law judge’s August 2013 Initial Decision concerning a complaint...more

6/23/2014 - Advisory Opinions ALJ Electricity Federal Power Act FERC Return on Equity Utilities Sector

FERC Issues Notice of Alleged MISO Market Manipulation

On June 12, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a formal, nonpublic...more

6/16/2014 - FERC Market Manipulation MISO

Project Perspectives - Winter 2014 Edition

In this edition: - Oil and Gas Industry Discussion - The False Claims Act: The Government’s Sword in Cash Grant Audits - Is a 50 Percent Renewables Portfolio Standard in California’s Future? -...more

3/25/2014 - Clean Energy Energy Energy Policy Energy Tax Incentives False Claims Act Federal Grants Oil & Gas Renewable Energy Solar Energy State Taxes Utilities Sector

ITC Companies Settle FERC Enforcement Action Regarding Federal Power Act Section 203 and 205 Violations for $750,000

On March 11, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving a settlement between the FERC Office of Enforcement (OE) and four subsidiaries of ITC Holdings Corp. (the ITC Companies) that...more

3/17/2014 - Enforcement Actions Federal Power Act FERC ITC Settlement

FERC Directs NERC to Propose Mandatory Reliability Standards Regarding Physical Security Risks to the Bulk-Power System

On March 7, 2014, the Federal Energy Regulatory Commission (FERC) issued an order directing the North American Electric Reliability Corporation (NERC) to propose one or more Reliability Standards to require certain entities...more

3/11/2014 - FERC Infrastructure NERC Power Plants Security Utilities Sector

FERC Alleges Numerous Federal Power Act Section 203 and 205 Violations by Subsidiaries of ITC Holdings Corp.

On February 11, 2014, the staff of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Notice) stating that it has preliminarily determined that four...more

2/13/2014 - Energy Federal Power Act FERC ITC

Louis Dreyfus Unit Settles FERC Enforcement Action Regarding Alleged MISO FTR Market Manipulation

On February 7, 2014, the Federal Energy Regulatory Commission (FERC) approved a Stipulation and Consent Agreement between the Office of Enforcement (OE) and Louis Dreyfus Energy Services, L.P. (LDES) to resolve an...more

2/10/2014 - FERC Market Manipulation MISO

FERC Enforcement Chief Norman Bay Testifies Regarding FERC’s Energy Market Oversight and Enforcement Authority and Approach

On January 15, 2014, Norman C. Bay, Director of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC), testified before the U.S. Senate Banking, Housing, and Urban Affairs Subcommittee on Financial...more

1/23/2014 - CFTC Compliance Energy Enforcement Actions FERC Fraud

FERC Reforms Small Generator Interconnection Procedures and Agreement to Facilitate Interconnection of Small Solar Generation and...

On November 22, 2013, the Federal Energy Regulatory Commission (FERC) issued a Final Rule (Order No. 792) promulgating reforms to its pro forma Small Generator Interconnection Procedures (SGIP) and pro forma Small Generator...more

11/26/2013 - Energy FERC Grid Energy Storage SGIA SGIP Small Generators

Rep. McKinley Introduces Legislation to Exempt Certain Natural Gas Facilities from Regulation under the Natural Gas Act

On September 27, 2013, Rep. David McKinley (R-WV) introduced H.R. 3208 (To clarify that certain natural gas facilities are not subject to the Natural Gas Act). The proposed legislation is intended to eliminate barriers to...more

10/9/2013 - Energy Energy Policy FERC Liquid Natural Gas Natural Gas Pipelines

FERC Orders Civil Penalties and Disgorgement for Manipulation of ISO New England Load Response Program

On August 29, 2013, the Federal Energy Regulatory Commission (FERC) issued three orders assessing civil penalties on, and requiring disgorgement of profits by, Lincoln Paper and Tissue, LLC (Lincoln), Competitive Energy...more

10/2/2013 - Civil Monetary Penalty Disgorgement Electricity Federal Power Act FERC Fraud Penalties

Rep. Sensenbrenner Reintroduces the “Powering America for Tomorrow Act” Regarding Regional Planning, Cost Allocation and Federal...

On July 19, 2013, Rep. Jim Sensenbrenner (R-WI) reintroduced the Powering America for Tomorrow Act (the Act), which would, among other things, amend section 216 of the Federal Power Act (FPA) to establish new regional...more

8/1/2013 - Energy FERC Infrastructure Proposed Legislation Transmission Lines Utilities Sector

FERC Technical Conference on Centralized Capacity Markets

On June 17, 2013, the Federal Energy Regulatory Commission (FERC) announced a public technical conference, scheduled for September 25, 2013, on centralized electric generating capacity markets for Regional Transmission...more

6/27/2013 - Electricity FERC ISOs RTO

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